37-51-504. Form of application. - Montana Statutes

     37-51-504. Form of application. The person making application for payment from the account shall show in the application:
     (1) that the person is not the spouse of the judgment debtor or the personal representative of the spouse;
     (2) that the person has obtained a judgment that satisfies the requirements of 37-51-503, stating the amount of the judgment and the amount unpaid on the date of the application;
     (3) that the person has, on the dates and at the times shown by the applicant, diligently pursued the remedies of execution and proceedings in aid of execution provided in Title 25, chapters 13 and 14;
     (4) the amount of any money obtained as a result of the proceedings required to be shown in subsection (3) and the balance of the judgment remaining unpaid for which application is made; and
     (5) that the person has diligently pursued the remedies of execution and proceedings in aid of execution against any other person against whom the person has a judgment as a result of the transaction for which the person seeks recovery from the account.

     History: En. Sec. 6, Ch. 688, L. 1985; amd. Sec. 1412, Ch. 56, L. 2009.